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Burke Index
RESEARCH
08.09.2025, 12:47
Popular Sovereignty And The Indian Constitution

The principle of popular sovereignty denotes that the source of governmental power or the sovereignty lies with the people. The concept of the social contract is the base of this principle as it believes that the government should work for the benefit of the people governed. The English philosopher Thomas Hobbes in his book The Leviathan wrote that in the 'state of nature' people were selfish and brutish, thus in order to survive they gave over their rights to a ruler who in turn provides them with protection and security. This theory laid down the first basis of popular sovereignty. The idea of popular sovereignty can even be found in Rome way back in 45BCE where Julius Caesar was said to derive his authority from general public. In the modern period the concept of popular sovereignty has been adopted by the French philosopher Jean-Jacques Rousseau according to whom, people willingly gave legitimate authority to the government in the form of social contract for reciprocated preservation. A group of citizens must make the laws, while their selected government guarantees their daily implementation. Thus, the people act as a sovereign, protecting the common welfare as opposed to the desires of an individual. Therefore, it may be said that popular sovereignty is the core basis for a democratic government. The standard understanding of democracy dictates that the people must enjoy equal representation and adequate opportunities in the participation for the process of law making, revision or abolition. The idea of popular sovereignty denotes that, the subjects of the state i.e the people must be equally represented in the rule making body; failure of which would not amount to popular sovereignty but perhaps a hybrid with majoritarianism in some form. Additionally, for the people to be truly sovereign they themselves must 'determine the constitutional form, the juridical and political identity, and the governmental structure of a community in its entirety'. Thus, it is necessary that the rule by the people must predate the legal system as a whole. Accordingly the people must have had equal opportunity of representation, to be present and participating during the conception of the legal system.